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Home My WebLink About1991/01/22 - ADMIN - Minutes - City Council - Regular 4a `- MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA January 22, 1991 1. Call to order i The meeting was called to order at 7:30 p.m. by President Pro Tem Keith Meland. r 2. Presentations President Meland present Resolution Resolution 91-13 91-13 and a plague to retiring Assistant { Fire Chief Leroy Freiborg, who leaves - City employ after 37 years. 3. Roll call The following Councilmembers were present at roll call : Bruce Battaglia, Allen Friedman, Larry Mitchell and Keith Meland. , Also present were the City Manager (Bill Dixon), City Attorney (Lee Sheehy) , . Director of Public Works (Jim Grube) , Director of Community Development (Dave Hagen) , City Clerk (Beverly Flanagan) and Personnel Officer (Wally 111 Wysopal ) . 4. Approval of minutes It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to approve the minutes of the January 7, 1991 meeting with the following correction: Councilmember Keith Meland was in attendance. The motion passed 4-0. ' It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to approve the minutes of the January 14, 1991 Long-range Planning Session. The motion passed 4-0. 5. Approval of agenda i It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to approve the consent agenda for Jan. 22, 1991 . The motion passed 4-0. i It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to approve the agenda for Jan. 22, 1991 . The motion passed 4-0. PUBLIC HEARINGS I 6a. Auto sales: Lupient Special permit to allow retail sale of III Resolution 91-14 new/used autos: Jim Lupient, 6905 Wayzata Blvd. Steve Ryan, 1338 Idaho, expressed his concerns that this type of business would increase the traffic flow on the residential street, cause increased noise and become a safety factor. -8- City Council meeting minutes Jan. 22, 1991 Doug Sailor, representing the applicant, was present to answer questions. III There being no one further wishing to speak, the Mayor Pro Tem closed the hearing with the right of Council to reopen and continue it at a future date. It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to adopt Resolution 91-14 entitled "A resolution granting special permit under Section 14-156(6) of the St. Louis Park Ordinance Code relating to zoning to permit the retail sale of new and used automobiles and trucks for property zoned B-2, General Business District, located at 6905 Wayzata Blvd." Councilmember Mitchell felt although there were legitimate concerns as raised by Mr. Ryan, Council had no legitimate grounds upon which to not grant the special permit. The motion passed 4-0. in Councilmember Friedman asked if staff would be enforcing "no parking"/ setback areas at every other dealership along I-394. The City Manager said staff would check. 6b. Outfall construction Special permit to allow construction of Resolution 91-15 outfall : Ruth Schloff, 3960 Meadowbrook There being no one wishing to speak, the Mayor Pro Tem closed the hearing with the right of Council to thereafter reopen and continue it at a future III date. It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to adopt Resolution 91-15 entitled "A Resolution granting special permit under Section 14-123 of the St. Louis Park Ordinance Code relating to zoning - to permit construction of a discharge outfall line for property zoned I-1 , general industrial , and F-1 , floodway districts, located at 3960 Meadowbrook Rd." The motion passed 4-0. PETITIONS, REQUESTS, COMMUNICATIONS ' None. RESOLUTIONS AND ORDINANCES 8a. Disposition of land Resolution 91-16 2601 Yosemite Ave. Resolution 91-17 5711 Minnetonka Blvd. Resolution 91-18 7800 32 St. Resolution 91-19 4056 Vernon Ave. It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, III to adopt the four resolutions. The motion passed 4-0. -9- City Council meeting minutes January 22, 1991 REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Well No. 3 City Engineer's report: Well No. 13 Resolution 91-23 reconditioning It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to adopt Resolution 91-23 entitled "Resolution accepting City Engineer's report, establishing Project 91-01 , ordering the improvement, approving project specifications and authorizing advertisement for bids for Project 91-01 , Well No. 3 reconditioning." The motion passed 4-0. 9b. Disposition of land 7.8 acre tract south of the Jewish Community Center Councilmember Battaglia asked how storm water was currently being managed in this area. Mr. Grube said the storm sewer system serving the greater neighborhood passes through the JCC parcel . Water quality of runoff was definitely going to have to be addressed in the near future due to Minnehaha Creek Watershed and Bassett Creek Watershed District mandates. It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, to retain the land and enter lease negotiations with the Jewish Community Center. The motion passed 4-0. 9c. Recycling/refuse contract It was moved by Councilmember Battaglia, seconded by Councilmember Friedman to authorize execution of a three-year contract with BFI. The motion passed 4-0. 9d. Planning Commission minutes Jan. 2, 1991 9e. Housing uthority minutes Dec. 18, 1991 9f. Excelsior Blvd./Hwy. 7 neighborhood meeting minutes Items 9d-9f ordered filed by consent UNFINISHED BUSINESS 10a. Boards and commissions It was moved by Councilmember Friedman, seconded by Councilmember Battaglia, to accept the resignation of Rabbi Woolf from the Human Relations Commission. The motion passed 4-0. 10b. Wellington settlement The City Attorney said he had offered to Council in executive session the terms of settlement re Wellington' s suit -11- City Council meeting minutes January 22, 1991 ' In answer to a question from Councilmember Friedman, Mr. Hagen said the City had identified no public need for these 4 parcels and that fee titleIII rests with the State. 8b. J. D. International Correct legal description, 2920-2940 Resolution 91-20 Monterey Ave. It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to adopt Resolution 91-20 entitled "A resolution rescinding Resolution 90-162 adopted on November 5, 1990 and granting special permit under Section 14-124.101 of the St. Louis Park Ordinance Code relating to zoning to allow the construction of 20 townhouse units at 2920-2940 Monterey Ave." The motion passed 4-0. 8c. Park Assembly of God Resolution to correct legal description, Resolution 91-21 Park Assembly of God, 1615 Texas Ave. It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to adopt Resolution 91-21 entitled "A resolution rescinding Resolution 90-143 adopted on Oct. 1 , 1990 and granting special permit under Section 14-123.100(2) of the St. Louis Park Ordinance Code relating to zoning to allow construction of an addition to the existing church building consisting of a classroom and fellowshiphall in the R-1 , single family residence district, and F-2, floodplain district, at 1615 Texas Ave." III The motion passed 4-0. 8d. Easement vacation 4043 Yosemite It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, to defer this item to Feb. 4, 1991 . The motion passed 4-0. 8e. Lawful gambling 2nd reading of ordinance It was moved by Councilmember Battaglia, seconded by Councilmember Friedman, to defer this item to Feb. 4, 1991 . The motion passed 4-0. In answer to a question from the City Manager relative to Council ' s intention re the American Legion should one of the current license holders leave, Councilmember Friedman said it was his intention that everything be left in place, just removing the additions as proposed by staff, i .e. if they had three, it would stay at three. 8f. Severance pay policy For employees laid off due to Resolution 91-22 economic conditions III It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell to adopt Resolution 91-22 entitled "Resolution establishing a severance pay policy for certain employees laid off due to economic conditions." The motion passed 4-0. -10- City Council meeting minutes Jan. 22, 1991 against the City. He was asking for Council ' s approval with direction to proceed with settlement. It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to authorize the City Attorney to proceed with settlement. The motion passed 4-0. NEW BUSINESS lla. Air Force Association License to sell pulltabs at Classic Vladimir Trach, gambling manager for the Air Force Assn. , spoke. He said they had a license at the Classic until Sept. 1 , 1991 ; however, the State has made it mandatory when renewing any licenses, all locational leases had to be renewed. That is why they were seeking renewal at the Classic. Councilmember Mitchell felt it inconsistent for one location to have one license, one to have three and one to have more. Councilmember Meland had a question about Steve Gold's letter stating he was cancelling the Air Force Assn. lease. He questioned whether action on either lla or llb under those circumstances was appropriate. It was moved by Councilmember Friedman, seconded by Councilmember Battaglia 111 to defer these items to Feb. 4, 1991 . The motion passed 4-0. Councilmember Battaglia asked staff to clarify with the Classic who is to have a pulltab lease there and how many licenses he intends to allow, what role assistant gambling managers are performing vis a vis gambling managers. He put this in the form of a motion with Councilmember Mitchell seconding. Councilmember Mitchell felt until an answer is received from Steve Gold in writing answering the above questions, Council could not proceed with either lla or llb. The motion passed 3-1 (Councilmember Friedman opposed) . Councilmember Friedman said he opposed not because of Councilmember Battaglia's feelings; however, his stand is that he doesn't want anything to do with gambling -- the State started it and the State can take care of it. The City has no way of knowing what it is getting, where it is going with gambling. He did feel Councilmember' s Battaglia's comments are well taken. 11b. USA/MN WRESTLING APPLICATION TO SETT, PULLTABS AT CLASSIC. Council deferred to MISCELLANEOUS February 4, 1991. 12a. Damage claims Rachel Blowers Mary Jane Grengs Deborah Wee By consent, claims referred to City Clerk and City Manager. 12b. Communications from Mayor None. Councilmember Battaglia read a letter to Council tendering his resignation from the Council because of employment relocation. -12- City Council meeting minutes , Jan. 22, 1991 12c. Communications from City Manager None. 111 CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, apprcve the list of verified claims prepared ty the Director cf Finance dated Jan. 22, in the following amounts and authorize payment: Vendor claims: $962,942.30; payroll claims $20,907.38. 13b. Contract payments - Partial 1 . E. H. Renner, monitor well construction. Amount: $29,164.52. 2. National Fire Sprinkler, City Hall sprinkler system. $15,210.45 By consent, payments approved. 14. Adjournment Th- eting adjourned at 8: 16 p. . Ma •r P o Tem .de -41A/ M 'i-cor.ing Secreta u -13-